The financial regulatory environment is and will continue changing significantly, both at global as well as at local level. Sustainable Finance, MiFID II, AML, EMIR Refit, CSDR or IT Regulatory are just a few examples of a long list of topics that have to be treated and that as such require increased investment - in terms of time as in resources.
In order to meet the demands of this ever more complex and fast-moving regulatory requirements, we at PwC can help. Our seasoned and experienced staff are experts in their field, assisting you in understanding business, regulatory and operational impacts of any new regulations, providing you with hands-on advice, licensing and implementation support and best-practice sharing.
Our services
Set-up / ECB and CSSF licensing process Direct support to Compliance function Preparing an on-site inspection Risk Management for Banks and PFS Regulatory Watch Service (3W) Regulatory training curriculum
Hot topics
- Corporate Governance
- EMIR
- Sustainable Finance
- PSD2
Who is subject to governance rules?
As a Bank or an Investment Firm, you are subject to corporate governance rules detailed in various regulations and CSSF Circulars.
In particular, Banks are subject to the CSSF Circular 12/552 on central administration, corporate governance and risk management (as amended by the newly issued CSSF Circular 22/807).
Investment firms are, from their part, subject to the CSSF Circular 20/758.
What is Governance all about?
Regardless of the service you provide to your clients, the aim of the regulatory framework is to define and implement:
- A clear organisational structure;
- An effective decision-making process;
- A robust internal control framework;
- Sound administrative and accounting procedures;
- Consistent lines of responsibility and reporting;
- Effective processes to identify, manage and report risks.
The updated version of the CSSF Circular 12/552 and the CSSF Circular 20/758 strengthen the responsibilities and organization rules of both the Board of Directors and the authorised management, reinforce the tasks of the internal control functions and introduce additional requirements related to the suitability and diversity assessment of the members of the management body and key function holders.
How PwC can help you?
At PwC, we assist our clients, both Banks and Investment Firms, in identifying and assessing the regulatory and operational impacts related to the successive revisions of the CSSF Circular 12/552 and the recent CSSF Circular 20/758:
- Impact assessment on the governance framework and internal governance mechanisms.
- Update of existing documentation on internal governance (memorandum of governance, diversity, suitability assessment policies, etc.), and review of the quality and efficiency of decision-making processes of the management body (e.g. agenda, minutes of the management body, Board of Directors and authorised management documentation).
- Assessment of the individual and collective suitability of the management body (“Fit and proper” assessment).
- Review and strengthening of the working documents of the internal control functions (Compliance Monitoring Plan/Compliance Risk Assessment, risk appetite, etc.).
- Assessment of the adequacy of the AML/CFT procedural and control framework.
Who is subject to EMIR?
EMIR applies to all financial counterparties such as credit institutions, investment firms or UCITS, and to non-financial counterparties such as corporates, professionals of the financial sector that do not qualify as financial counterparties or securitisation vehicles. Moreover, it applies indirectly to non-European counterparties trading with European counterparties.
What is EMIR about?
EMIR introduces, among others, the following obligations:
- Report all derivative contracts to a trade repository, covering new trades, as well as daily updates on valuation and collateralisation of existing contracts;
- Assess one’s own status with regard to the clearing threshold across 5 derivative types and if relevant, notify the CSSF and ESMA accordingly;
- Apply risk mitigation measures and processes for OTC derivatives contracts that are not centrally cleared by central counterparties, including collateral exchange, with both initial and variation margin requirements, and portfolio reconciliation with market counterparties and clients subject to EMIR;
- Central clearing of standardised OTC Derivative contracts, including major Interest Rate Swaps in G4 currencies and Credit Default Swaps.
Find out more
Who is subject to Sustainable Finance?
The publication of the new Regulation on Sustainable Financial Disclosure (Regulation (EU) 2019/2088, “SFDR”) establishes a new regulatory framework for the sustainable finance.
SFDR applies to financial market participants, i.e. credit institutions and investment firm providing portfolio management services, AIFMs and UCITS Management Companies, as well as to Investment Advisers such as insurance intermediaries or credit institutions providing investment advices.
The objective of SFDR is to increase overall transparency on ESG products (Environmental, Social and Governance) by reducing the asymmetry of information between end-investors and financial entities with the purpose to enhance transparency with regard to sustainability risks and impacts.
What is Sustainable Finance about?
The new Sustainable Finance regulatory framework introduces new transparency requirements for financial institutions regarding the environmental impact of their investment advices and decisions, mainly at two levels:
- At entity level, financial institutions are required to incorporate the sustainability risks in their investment processes and to communicate on the consideration of the main negative impacts of their investments on the sustainability factors.
- At product level, financial institutions are required to disclose the potential adverse impacts of the investment decisions on sustainability factors and to communicate on how sustainability risks are integrated and taken into account in their investment processes.
SFDR will entry into force on 10 March 2020 and will have significant impacts on the Banks’ investment processes and product design, as well as on the ESG information to be disclosed to their clients.
Read more
Who is subject to PSD2?
As apayment service provider located in the EEA, you are subject to PSD2 for all transactions performed within the EEA in any currency, including specific requirements when the other end of the transaction is located outside the EEA. Additional technology-related requirements apply if the payment service provider provides online access to payment accounts.
What is PSD2 all about?
The aim of framework of PSD2 is to enhance the regulatory framework for payment services within the EEA by:
- Regulating and harmonising payments’ market process within the EEA (e.g. in terms of execution time frames and value dates; processes to be implemented; information disclosed, etc.)
- Improving system security
- Strengthening consumer rights and reducing overall costs
The CSSF has recently published three new Circulars introducing new reporting requirements for payment service providers:
- Reporting on major incidents;
- Reporting on frauds;
- Reporting on operational and security measures.
Read more
{{filterContent.facetedTitle}}
{{contentList.dataService.numberHits}} {{contentList.dataService.numberHits == 1 ? 'result' : 'results'}}
{{contentList.loadingText}}
{{item.videoDuration}}
{{item.title}}
{{item.text}}
{{contentList.loadingText}}
{{filterContent.facetedTitle}}
{{contentList.dataService.numberHits}} {{contentList.dataService.numberHits == 1 ? 'result' : 'results'}}
{{contentList.loadingText}}
{{item.videoDuration}}
{{item.title}}
{{item.text}}
{{contentList.loadingText}}
I am a seasoned expert in the field of financial regulations, specializing in areas such as Sustainable Finance, MiFID II, AML, EMIR Refit, CSDR, and IT Regulatory. My extensive knowledge and experience in these domains allow me to provide valuable insights and guidance to navigate the complex and ever-changing regulatory landscape.
The article you've provided highlights several key concepts and areas within the financial regulatory environment. Let's break down the information and provide additional insights:
-
Sustainable Finance:
- Who is subject to Sustainable Finance?
- Financial market participants, including credit institutions, investment firms providing portfolio management services, AIFMs, UCITS Management Companies, and Investment Advisers.
- What is Sustainable Finance about?
- Sustainable Finance involves a new regulatory framework (SFDR) aimed at increasing transparency on Environmental, Social, and Governance (ESG) products. Financial institutions must incorporate sustainability risks in their investment processes and disclose the potential adverse impacts of their investment decisions on sustainability factors.
- Who is subject to Sustainable Finance?
-
MiFID II (Markets in Financial Instruments Directive II):
- The article doesn't provide specific details on MiFID II, but it is mentioned as one of the topics indicating its relevance. MiFID II is a European Union regulation that governs financial markets, enhancing the regulatory framework for investment services and markets.
-
AML (Anti-Money Laundering):
- The article mentions AML, emphasizing the need for assessment of the adequacy of the AML/CFT procedural and control framework. This highlights the importance of combating money laundering and terrorist financing within the financial sector.
-
EMIR Refit (European Market Infrastructure Regulation):
- Who is subject to EMIR?
- EMIR applies to all financial counterparties, including credit institutions, investment firms, UCITS, and non-financial counterparties such as corporates and professionals in the financial sector.
- What is EMIR about?
- EMIR introduces obligations such as reporting derivative contracts, assessing clearing thresholds, applying risk mitigation measures for OTC derivatives, and central clearing of standardised OTC derivative contracts.
- Who is subject to EMIR?
-
CSDR (Central Securities Depositories Regulation):
- The article mentions CSDR but doesn't provide specific details. CSDR is a regulation aimed at providing a harmonized and secure framework for the settlement of securities transactions within the EU.
-
IT Regulatory:
- The article mentions IT Regulatory as one of the topics but doesn't elaborate further. IT regulatory concerns the regulations and guidelines related to information technology within the financial industry.
-
Corporate Governance:
- The article discusses corporate governance rules applicable to banks and investment firms, highlighting the responsibilities and organizational rules for the Board of Directors and authorized management. It emphasizes the need for a clear organizational structure, effective decision-making processes, internal control framework, administrative and accounting procedures, responsibility and reporting lines, and risk management.
In conclusion, the provided article emphasizes the evolving nature of the financial regulatory environment and highlights the expertise of PwC in assisting banks and investment firms in navigating these complexities. The mentioned hot topics and services offered by PwC address critical aspects of governance, regulatory compliance, and risk management within the financial sector.
